Two years ago, Reagan-appointed Chief Judge Royce Lamberth suspended all federal funding for embryonic stem cell research in a sweeping opinion that even invalidated funding permitted under President George W. Bush’s policies. Despite the fact that the Clinton, Bush and Obama Administrations all agreed that Judge Lamberth misinterpreted federal law, Lamberth relied on a federal law forbidding funding of “research in which a human embryo or embryos are destroyed” to hold that federal spending not only cannot fund the destruction of a new embryo, it also cannot fund research that builds on past research that resulted in the destruction of an embryo.

Lamberth’s decision was eventually reversed by a conservative panel of the United States Court of Appeals for the District of Columbia Circuit. The appeals court held, correctly, that even though Lamberth might have proposed a plausible reading of federal law, longstanding Supreme Court precedent generally requires courts to defer to an agency’s reading of a statute. As the appeals court explained, “the plaintiffs are unlikely to prevail because Dickey-Wicker is ambiguous and the NIH seems reasonably to have concluded that, although Dickey-Wicker bars funding for the destructive act of deriving an [embryonic stem cell] from an embryo, it does not prohibit funding a research project in which an [embryonic stem cell] will be used.” Yesterday, the Supreme Court announced it would not hear this case, effectively killing this challenge to stem cell research.

This is an important victory for science, and it is just as much a victory for judicial restraint. As the near-success of the Affordable Care Act lawsuits demonstrate, conservative judges and justices are increasingly willing to substitute their policy preferences for the law, even when they must rely on legal theories that, in the words of one of the nation’s most conservative judges, have no basis “in either the text of the Constitution or Supreme Court precedent.” The requirement that judges defer to agencies in interpreting ambiguous statutes is an important check on the judiciary’s ability to impose their policy views on the nation. Agency leaders change with each presidential election; judges do not. And so the power to interpret a genuinely ambiguous statute should rest with officials whose legitimacy flows more closely from the will of the people.

Neither the state board of education, nor any public elementary or secondary school governing authority, director of schools, school system administrator, or any public elementary or secondary school principal or administrator shall prohibit any teacher in a public school system of this state from helping students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories covered in the course being taught.

Although the bill is written to seem benign, as it neither specifically authorizes the teaching of creationism nor permits teachers to do more than criticize scientific theories “in an objective matter,” the practical impact of this bill will be to intimidate all but the heartiest of school administrators against disciplining teachers who preach the most outlandish junk science in their classrooms. Because the bill provides little guidance as to what constitutes an “objective” criticism of a scientific theory, any principal who reigns in teachers who force creationism or Pastafarianism upon their students risks finding themselves on the wrong side of the law.

In reality, of course, there are few, if any, “objectively” valid objections to the theory of evolution (or, for that matter, to global warming). Rather, as Travis Waldron explained when this bill passed a legislative committee nearly a year ago, “Scientists have reached a consensus that evolution is ‘one of the most robust and widely accepted principles of modern science,’ and as such, it is ‘a core element in science education.’”

This post was originally published at Think Progress.

Two scientists brought this suit to enjoin the National Institutes of Health from funding research using human embryonic stem cells (ESCs) pursuant to the NIH’s 2009 Guidelines. The district court granted their motion for a preliminary injunction, concluding they were likely to succeed in showing the Guidelines violated the Dickey-Wicker Amendment, an appropriations rider that bars federal funding for research in which a human embryo is destroyed. We conclude the plaintiffs are unlikely to prevail because Dickey-Wicker is ambiguous and the NIH seems reasonably to have concluded that, although Dickey-Wicker bars funding for the destructive act of deriving an ESC from an embryo, it does not prohibit funding a research project in which an ESC will be used.

To translate this a little, Lamberth held that all federally-funded ESC funding violates the Dickey-Wicker Amendment, which prohibits the use of federal funds for “research in which a human embryo or embryos are destroyed.” Even though no federal money goes to studies that actually destroy an embryo, Lamberth concluded that such research requires scientists to build upon previous research that involved the destruction of an embryo, and that this is not allowed.

Lamberth’s decision, however, cannot be squared with Supreme Court precedent. Under the Supreme Court’s decision in Chevron v. NRDC, judges are normally supposed to defer to an agency’s reading of a federal law unless the agency’s interpretation is entirely implausible, and the Obama administration quite plausibly read the Dickey-Wicker Amendment to only prohibit federal funding of the actual destruction of an embryo — not federal funding of subsequent ESC research. Accordingly, the court of appeals reversed.

Today’s decision is a very hopeful sign that Lamberth’s questionable understanding of this law will no longer undermine stem cell research. Both of the judges who joined today’s majority opinion are conservative Republican appointees. Judge Douglas Ginsburg is a hardcore tenther who once called for a return to an Depression-era vision of the Constitution that struck down child labor laws and other very basic legal protections. Judge Thomas Griffith was appointed by George W. Bush.

Their decision did leave open a slight possibility that Lamberth could try to suspend stem cell research once again. The appeals court expressly decided not to weigh on two alternative claims by the plaintiffs, including a claim that federal ESC funding is illegal “research in which a human embryo or embryos are . . . knowingly subjected to risk of injury or death,” because these claims were not first considered by the court below. Nevertheless, the appeals court made clear that “the plaintiffs have not identified, nor have we found, any precedent for upholding a preliminary injunction based upon a legal theory not embraced by the district court.”

So it appears very likely, if not entirely certain, that stem cell research will ultimately be upheld against all challenges.

Ian Millhiser is a Policy Analyst and Blogger at American Progress. This is reposted from the Wonk Room.